HAJI ABDUL AHAD BHAT Vs. MOHAMMAD YOUSUF BHAT

JUDGEMENT

(1.) The petitioners have filed the present petition under Sec. 11 read with Sec. 14 of the Arbitration and Conciliation Act, 1996, seeking termination of mandate of the Sole Arbitrator, Shri Abdul Rashid Lone (former District & Sessions Judge) and substitution of a new Arbitrator.

(2.) The facts leading to the filing of the present petition are briefly stated hereunder:

(3.) It has been contended that the petitioners are not aggrieved of the matter being referred back to the Arbitrator, but they are seeking termination of mandate of the Arbitrator and appointment of a new Arbitrator on the grounds that the learned Arbitrator has again left it for the Chartered Accountant and the Valuers to issue notices to the parties and to conduct the proceedings. On this basis, it has been contended that the Arbitrator is biased and incapable of resolving the disputes between the parties. It has been contended that the petitioners have participated regularly in the arbitration proceedings but the Arbitrator has failed to acknowledge the same and has observed that they have not cooperated in the proceedings which is against the record. It has also been contended that the learned Arbitrator has not been able to resolve the disputes between the parties despite having conducted the arbitration proceedings for more than 11 years. It has been contended that the learned Arbitrator has flouted the directions of the High Court and he is again shying away from commencing the arbitration proceedings afresh and is shifting his burden on third persons. On these grounds, it has been contended that the mandate of the Arbitrator is required to be terminated and a fresh Arbitrator is required to be appointed in his place.